New legal information

Details of the legal consequences for different age groups relating to various levels of railway crime offences are now available by clicking 'Railway Crime Consequences'. These details relate to England and Wales only - Scottish details will appear in the near future

Serious crime on the railway is categorised under the following offence types:

Endangering Safety	Obstruction	Criminal damage
Throwing missiles	Arson	Luggage theft
Booking office burglaries	Assaults on railway staff

Below is an overview of the legal consequences of certain railway crime offences.

Within the British criminal law there is no such offence as railway vandalism - it is a generic term for a number of quite different and separate crimes. Most vandalism is committed by young males below the age of 17 who see the railway as a legitimate target for relieving their boredom and seeking thrills. Whilst offences take place throughout the year, most occur between Spring and Autumn, and there are very high peaks of activity during school holidays.

For police purposes four main offences are recorded under the general heading of railway vandalism: These are:

ENDANGERING SAFETY
There are two levels of offence within the Offences Against the Person Act of 1861. Both relate to an act or omission which causes the safety of persons using or working on the railway to be endangered.

If committed by neglect it is punishable by a maximum of 2 years imprisonment.
If committed with intent the maximum penalty is life imprisonment.

OBSTRUCTING TRAINS
Again there are two levels of crime for obstructing trains within the Malicious Damage Act, also enacted in 1861. Both relate to acts which cause trains to be obstructed or derailed.

If committed with intent the maximum penalty is life imprisonment.

THROWING MISSILES
Commonly known by the railway community as stone throwing. Again there are two levels of offence for throwing missiles at trains, either intended or likely to cause damage or injury.

If committed with intent to cause injury or to endanger safety then the maximum penalty is life imprisonment.

CRIMINAL DAMAGE These are straightforward acts of criminal damage to the infrastructure or rolling stock. The maximum penalty is 10 years imprisonment. TRESPASS Most people believe trespass to be a minor misdemeanour. In fact, outside of the railway environment, trespass is largely a civil rather than a criminal offence. Within the railway environment Parliament has decided, with very good reason, that trespassing on or near railway lines is a criminal offence.

The penalty for an act of criminal trespass on the railways is a maximum fine of £1,000

To the public, trespass doesn't sound very serious. In the environment of the railway trespassers expose themselves, rail staff and passengers to serious danger with, all too often, tragic consequences.

The vast majority of people who trespass on the railway are adults - taking a short cut or walking their dogs for example. They are either oblivious to the extremely dangerous position in which they place themselves, and others, or they choose to ignore it.

They set a potentially life threatening example to young children who may see them taking a short cut.

Trespass very often leads to acts of vandalism. In many cases it is the precursor to it and it is difficult to commit acts of vandalism without first trespassing on or near railway lines.